Court No. - 49
Case :- APPLICATION U/S 482 No. - 14754 of 2018
Applicant :- Vishal Chaudhary
Opposite Party :- State Of Up And Another Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the impugned order dated 22.03.2018 passed by the Special Judge SC/ST Act, Varanasi in Session Trial No. 18 of 2017 (State Vs. Vishal Choudhary), arising out of Case Crime No. 388 of 2016, under Sections- 323, 452, 504, 506, 427, 325 I.P.C. and 3(1)(X) of SC/ST Act, Police Station- Bhelpur, District- Varanasi, pending in the court of Special Judge, SC/ST Act, Varanasi.
Earlier, the applicant had filed an Application U/S 482 No. 6554 of 2017 to quash the charge sheet, which was disposed of by order dated 01.03.2017 with the following direction:
"However, it is provided that if the applicant appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail may be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. For a period of 30 days from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However, in case, the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed off."
Though more than one year has passed, learned counsel for the applicant submits that the applicant could not comply with the aforesaid order owing to the fact that he is working at Delhi. In such facts, one last opportunity may be granted to the applicant to comply with the aforesaid order.
However, it is a fact that the applicant never applied for extension of time in the earlier 482 application.
Accordingly, the present application is dismissed, leaving it open to the applicant to apply for extension of time in the earlier 482 application.
Order Date :- 30.4.2018
A. Singh